[ParlTrack]

Proposal for a regulation
Recital 3

(3) Following the review, certain provisions of the Regulations should be amended in order to improve transparency and predictability, provide for effective measures to fight against retaliation by third countries, improve effectiveness and enforcement and optimise review practice. In addition, certain practices that in recent years have been applied in the context of anti- dumping and anti-subsidy investigations should be included in the Regulations.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Recital 6

(6) In order to ensure effective measures to fight against retaliation, Union producers should be able to rely on the Regulations without fear of retaliation by third ~~part~~countries. Existing provisions of the Regulations, under special circumstances, provide for the initiation of an investigation without having received a complaint, where sufficient evidence of the existence of dumping, countervailable subsidies, injury and causal link exists. Such special circumstances should include threat of retaliation by third countries.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Recital 7

(7) When an investigation is not initiated by a complaint, a~~n oblig~~ request for cooperation should be ~~imposed on~~made to Union producers to provide the necessary information in order for the investigation to proceed, in order to ensure that sufficient information is available for carrying out the investigation in case of such threats of retaliation.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Recital 8

(8) Third countries increasingly interfere in trade of raw materials with a view to keeping raw materials in those countries for the benefit of domestic downstream users, for instance by imposing export taxes or operating dual pricing schemes. As a result, the costs of raw materials do not result from the operation of normal market forces reflecting supply and demand for a given raw material. Such interference creates additional distortions of trade. As a consequence, Union producers are not only harmed by dumping, but suffer, compared to downstream producers from third countries engaged in such practices, additional distortions of trade. In order to protect trade adequately, the lesser duty rule shall not apply in such cases of structural raw material distortions.deleted

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Recital 9

(9) Within the Union, countervailable subsidies are in principle prohibited pursuant to Article 107 (1) TFEU. Therefore, countervailable subsidies granted by third countries are particularly distortive of trade. The amount of State aid authorized by the Commission has steadily been reduced over time. For the anti-subsidy instrument, the lesser duty rule should hence no longer be applied to imports from a country/countries engaged in subsidisation.deleted

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Recital 10

(10) In order to optimise the review practice, duties collected during the investigation should be reimbursed to importers with the accrued interest, where measures are not prolonged after the conclusion of an expiry review investigation. This is appropriate given that the conditions required for the continuation of the measures have not been found to exist during the investigation period.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Recital 18 a (new)

(18a) The Commission should ensure greater transparency with regard to proceedings, internal procedures and outcomes of investigations, and all non- confidential files should be made public through an online platform.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Recital 18 b (new)

(18b) Trade Defence Instrument Dialogue The Commission should inform the European Parliament and the Council of the initiation of any investigations and report on their developments on a regular basis.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Recital 18 c (new)

(18c) Whereas the Commission should update the draft guidelines in full compliance with the provisions of this Regulation and make them public to ensure transparency and consistency in the implementation of Union's trade defence instruments;

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)

Regulation (EC) No 1225/2009
Article 5 – paragraph 6

~~6. If in special~~1a. Article 5, paragraph 6 shall be replaced by the following: 6. If in duly justified circumstances, it is decided to initiate an investigation without having received a written complaint by or on behalf of the ~~Community~~Union industry for the initiation of such investigation, th~~is shall be done~~e Commission shall conduct this investigation on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 2

"~~10.~~ Union producers of the like product are ~~oblig~~requested to cooperate in proceedings that have been initiated pursuant to Article 5(6)."

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 1225/2009
Article 6 – paragraph 10 a (new)

2. In Article 6, the following paragraph is added: "10a. The Commission shall facilitate access to the instrument for diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, in the context of anti- dumping cases, through an SME Help Desk. The SME Help Desk shall raise awareness of the instrument, provide information and explanations on cases, and guidance on additional possibilities to liaise with the Hearing Officer and national customs authorities to SMEs and their respective umbrella associations. After the initiation of an investigation, the SME Help Desk shall identify and inform SMEs likely to be affected by the initiation of proceedings and the relevant deadlines for registering as an interested party. It shall assist in the completion of questionnaires, where special attention shall be given to queries of SMEs as regards investigations initiated under Article 5(6). The SME Help Desk shall also inform SMEs on the possibilities and conditions under which they could request a review of the measures and refund of the anti- dumping duties paid and the accrued interest."

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 1225/2009
Article 6 – paragraph 10 b (new)

2. In Article 6, the following paragraph is added: "10b. The Commission shall adopt implementing acts to ensure the best possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new confidential or non-confidential information is added to the investigation files. Non-confidential information shall also be made public through an online platform. Those implementing acts shall be adopted in accordance with the ... procedure referred to in ..."

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 2

Regulation (EC) No 1225/2009
Article 6 – point 10 c (new)

2. In Article 6, the following paragraph is added: 10c. The Commission shall provide information and shall issue standardised questionnaires to be used in investigations in all official languages of the Union. The standardised questionnaires shall be provided to the interested parties upon request.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a

Regulation (EC) No 1225/2009
Article 7 – paragraph 1

Provisional duties shall not be applied within a period of two weeks that can be extended in exceptional cases, as defined in the guidelines, to four weeks maximum after the information is sent to interested parties under Article 19a. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a a (new)

Regulation (EC) No 1225/2009
Article 7 – paragraph 1 –sentences 1 and 2

(aa) In Article 7 (1) sentences 1 and 2 are replaced by the following: 1. Provisional duties may be imposed if proceedings have been initiated in accordance with Article 5, if a notice has been given to that effect and interested parties have been given adequate opportunities to submit information and make comments in accordance with Article 5(10), if a provisional affirmative determination has been made of dumping and consequent injury to the ~~Community~~Union industry, and if the ~~Community~~Union interest calls for intervention to prevent such injury. The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ~~nine~~seven months from the initiation of the proceedings.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point b

Regulation (EC) No 1225/2009
Article 7 – paragraph 2

(b) paragraph 2 is replaced by the following: The amount of the provisional anti- dumping duty shall not exceed the margin of dumping as provisionally established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it should be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry.deleted

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b

Regulation (EC) No 1225/2009
Article 9 – paragraph 4

(b) in paragraph 4, the last sentence is replaced by the following: "The amount of the anti-dumping duty shall not exceed the margin of dumping established. Unless structural raw material distortions were found to exist with regard to the product concerned in the exporting country, it shall be less than the margin of dumping if such lesser duty would be adequate to remove the injury to the Union industry."deleted

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a

Regulation (EC) No 1225/2009
Article 11 – paragraph 5

If following an investigation pursuant to paragraph 2, the measure expires, any duties collected from the date of the initiation of such investigation shall be repaid with the accrued interest, provided that this is requested from national customs authorities and granted by those authorities in accordance with the applicable Union customs legislation concerning repayment and remission of duty. Such repayment does not give rise to the payment of interest by the national customs authorities concerned.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 7

Regulation (EC) No 1225/2009
Article 17 – paragraph 1

In cases where the number of Union producers, exporters or importers, types of product or transactions is large, the investigation may be limited to a reasonable number of parties, products or transactions by using samples which are statistically valid on the basis of information available at the time of the selection, or to the largest representative volume of production, sales or exports which can reasonably be investigated within the time available. Sampling shall include all complainant Union producers and it may also include non-complainant Union producers.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 1 – paragraph 1 – point 9 a (new)

Regulation (EC) No 1225/2009
Article 21 – paragraph 5

9a. Article 21(5) shall be replaced by the following: 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee shall be taken into account by the Commission in any proposal made pursuant to Article 9. The criteria underpinning the Commission's analysis shall be regularly updated to reflect changing trends in trade flows and the impact on the Union. The Commission shall inform the European Parliament and the Council of changes made in its analytical methodology.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)

Regulation (EC) No 597/2009
Article 10 – paragraph 8

1a. Article 10 (8) shall be replaced by the following: 8. If, in ~~special~~duly justified circumstances, ~~the Commission~~it is decidesd to initiate an investigation without having received a written complaint by or on behalf of the ~~Community~~Union industry for the initiation of such investigation, th~~is shall be done on the basis of sufficient evidence of the existence of countervailable subsidies~~e Commission shall conduct this investigation on the basis of sufficient evidence of dumping, injury and a causal link, as described in paragraph 2, to justify such initiation.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)

Regulation (EC) No 597/2009
Article 11 – paragraph 11 a (new)

2a. In Article 11, the following paragraph is added: 11a. The Commission shall facilitate access to the instrument for diverse and fragmented industry sectors, largely composed of small- and medium-sized enterprises, in the context of anti- dumping cases, through an SME Help Desk. The SME Help Desk shall raise awareness of the instrument, provide information and explanations on cases, and guidance on additional possibilities to liaise with the Hearing Officer and national customs authorities to SMEs and their respective umbrella associations. After the initiation of an investigation, the SME Help Desk shall identify and inform SMEs likely to be affected by the initiation of proceedings and the relevant deadlines for registering as an interested party. It shall assist in the completion of questionnaires, where special attention shall be given to queries of SMEs as regards investigations initiated under Article 10(8). The SME Help Desk shall also inform SMEs on the possibilities and conditions under which they could request a review of the measures and refund of the anti- dumping duties paid and the accrued interest.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)

Regulation (EC) No 597/2009
Article 11 – paragraph 11 b (new)

2 b. In Article 11, the following paragraph is added: 11b. The Commission shall adopt implementing acts to ensure the best possible access to information to all interested parties by allowing for an information system whereby interested parties are notified when new confidential or non-confidential information is added to the investigation files. Non-confidential information shall also be made public through an online platform. Those implementing acts shall be adopted in accordance with the ... procedure referred to in ...

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 2 – paragraph 1 – point 2 c (new)

Regulation (EC) No 597/2009
Article 11 – paragraph 11 c (new)

2c. In Article 11, the following paragraph is added: "11c. The Commission shall provide information and shall issue standardised questionnaires to be used in investigations in all official languages of the Union. The standardised questionnaires shall be provided to the interested parties upon request."

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point a

Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 3

~~(a) subparagraph 3 is replaced by the following: The amount of the provisional countervailing duty shall not exceed the total amount of countervailable subsidies as provisionally established.~~deleted

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 2 – paragraph 1 – point 3 – point b

Regulation (EC) No 597/2009
Article 12 – paragraph 1 – point b

Provisional duties shall not be applied within a period of two weeks that can be extended in exceptional cases, as defined in the guidelines, to four weeks maximum, after the information is sent to interested parties under Article 29b. The provision of such information shall not prejudice any subsequent decision that may be taken by the Commission.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 2 – paragraph 1 – point 3 a (new)

Regulation (EC) No 597/2009
Article 12 – paragraph 1 – subparagraph 2

3a. In Article 12 (1), the second subparagraph shall be replaced by the following: The provisional duties shall be imposed no earlier than 60 days from the initiation of the proceedings but no later than ~~nine~~seven months from the initiation of the proceedings.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 2 – paragraph 1 – point 5

Regulation (EC) No 597/2009
Article 15 – paragraph 1 – subparagraph 5

~~5. In Article 15(1), the last subparagraph is replaced by the following: "The amount of the countervailing duty shall not exceed the amount of countervailable subsidies established."~~deleted

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 2 – paragraph 1 – point 6 – point a

Regulation (EC) No 597/2009
Article 22 – paragraph 1 – subparagraph 7

If following an investigation pursuant to Article 18, the measure expires, any duties collected after the date of the initiation of such investigation shall be reimbursed with accrued interest. The reimbursement should be requested from national customs authorities in accordance with the applicable Union customs legislation.

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)

Regulation (EC) No 597/2009
Article 27 – paragraph 1 – subparagraph 2 (new)

8a. In Article 27(1), the following subparagraph is added: "2. Sampling shall include all complainant Union producers and it may also include non-complainant Union producers."

2013/12/20
Committee: INTA

Robert STURDY

Proposal for a regulation
Article 2 – paragraph 1 – point 10 a (new)

Regulation (EC) No 597/2009
Article 31 – paragraph 5

10a. Article 31(5) is replaced by the following: 5. The Commission shall examine the information which is properly submitted and the extent to which it is representative, and the results of such analysis, together with an opinion on its merits, shall be transmitted to the Advisory Committee. The balance of views expressed in the Committee shall be taken into account by the Commission in any proposal made pursuant to Articles 14 and 15. The criteria underpinning the Commission's analysis shall be regularly updated to reflect changing trends in trade flows and the impact on the Union. The Commission shall inform the European Parliament and the Council of changes made in its analytical methodology.

2013/12/20
Committee: INTA

Activities of Robert STURDY related to 2013/0103(COD)

Shadow reports (1)

Amendments (32)

ParlTrack - 2011-2024